amendments to the Hawaii Rules of Professional Conduct

from the provisions of Rule 1.11, in that Rule 1.11(b) permits a
firm to handle a matter against a government agency, despite
one of its attorneys possessing material knowledge gained in the
matter while at the agency, regardless of the agency’s consent,
provided that the procedures of Rule 1.11(b)(1) and (2) are
followed. Likewise, Rule 1.11(c) permits a firm to handle a
matter against a person about whom the newly-arrived attorney
possesses confidential information obtained while formerly
working at the government agency, without the consent of the
agency, but only if the newly-arrived lawyer is screened and not
apportioned any part of the fee.
[12] The former client is entitled to review of the
screening procedures if the former client believes that the
procedures will not be or have not been effective. If the matter
involves litigation, the court before which the litigation is
pending would be able to decide motions to disqualify or to
enter appropriate orders relating to the screening, taking
cognizance of whether the former client is seeking the
disqualification of the firm upon a reasonable basis or without a
reasonable basis for tactical advantage or otherwise.
[13] Where a lawyer is prohibited from engaging in
certain transactions under Rule 1.8, paragraph (l) of that Rule,
and not this Rule, determines whether that prohibition also
applies to other lawyers associated in a firm with the personally
prohibited lawyer.
Rule 1.11. SPECIAL CONFLICTS OF INTEREST FOR FORMER AND
CURRENT GOVERNMENT OFFICERS AND
EMPLOYEES.
(a) Except as law may otherwise expressly permit, a lawyer who has
formerly served as a public officer or employee of the government:
(1) is subject to Rule 1.9(c); and
(2) shall not otherwise represent a client in connection with a matter
in which the lawyer participated personally and substantially as a public officer
or employee, unless the appropriate government agency gives its consent to the
representation, confirmed in writing after consultation.
(b) When a lawyer is disqualified from representation under paragraph
(a), no lawyer in a firm with which that lawyer is associated may knowingly
undertake or continue representation in such a matter unless:
(1) the disqualified lawyer is timely screened from any participation
in the matter and is apportioned no part of the fee therefrom; and
(2) written notice is promptly given to the appropriate government
agency to enable it to ascertain compliance with the provisions of this Rule.
(c) Except as law may otherwise expressly permit, a lawyer having
information that the lawyer knows is confidential government information about
a person acquired when the lawyer was a public officer or employee may not
represent a private client whose interests are adverse to that person in a matter in
which the information could be used to the material disadvantage of that person.
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